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Prospectus-Final (clean) - Malta Financial Services Authority

Prospectus-Final (clean) - Malta Financial Services Authority

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[§ 9Presentation PeriodIn the case of Notes represented by Global Notes insert:The presentation period provided in § 801 paragraph 1, sentence 1 BGB (German Civil Code) isreduced to ten years for the Notes.][§ 9Presentation Period, Replacement of Notes[If the Notes are issued with Coupons insert: and Coupons]In the case of Definitive Notes insert:The presentation period provided in § 801 paragraph 1, sentence 1 BGB (German Civil Code) isreduced to ten years for the Notes. [If the Notes are issued with Coupons insert: The presentationperiod for the Coupons shall, in accordance with § 801 paragraph 2 BGB (German Civil Code), be fouryears, beginning with the end of the calendar year in which the relevant Coupon falls due. The rightpursuant to § 804 paragraph 1, sentence 1 BGB in respect of lost or destroyed coupons is excluded(§ 804 paragraph 2 BGB).] Should any Note [if the Notes are issued with Coupons insert: orCoupon] be lost, stolen, mutilated, defaced or destroyed, it may be replaced at the specified office ofthe Fiscal Agent, subject to relevant stock exchange requirements and all applicable laws, uponpayment by the claimant of such costs and expenses as may be incurred in connection therewith andon such terms as to evidence, security and indemnity and otherwise as the Issuer may reasonablyrequire. Mutilated or defaced Notes [if the Notes are issued with Coupons insert: or Coupons] mustbe surrendered before replacements will be issued.]§ 10Acceleration(1) Right of Acceleration. Each Holder shall be entitled to declare his Notes due and demandimmediate redemption thereof at the Early Redemption Amount (as described in § 6[(5)]), togetherwith accrued interest (if any) to the date of repayment, in the event that any of the following events(each, an "Acceleration Event") occurs:(a)(b)(c)(d)(e)the Issuer fails to pay principal or interest within 30 days from the relevant due date, orthe Issuer fails duly to perform any other obligation arising from the Notes [in the case ofNotes issued by Finance: or the Guarantor fails to perform any obligation arising from theGuarantee referred to in § 3] which failure is not capable of remedy or, if such failure iscapable of remedy, such failure continues for more than 60 days after the Fiscal Agent hasreceived notice thereof from a Holder, orany Capital Market Indebtedness (as defined in § 3(1)) of the Issuer [in the case of Notesissued by Finance: or the Guarantor] becomes prematurely repayable as a result of a defaultin respect of the terms thereof, or the Issuer [in the case of Notes issued by Finance: or theGuarantor] fails to fulfil any payment obligation in excess of EUR 25,000,000 or the equivalentthereof under any Capital Market Indebtedness or under any guarantee or suretyship given forany Capital Market Indebtedness of others within 30 days from its due date or, in the case of aguarantee or suretyship, within 30 days after the guarantee or suretyship has been invoked,unless the Issuer, [in the case of Notes issued by Finance: or the Guarantor] shall contestin good faith that such payment obligation exists or is due or that such guarantee or suretyshiphas been validly invoked, or if a security granted therefor is enforced on behalf of or by thecreditor(s) entitled thereto, orthe Issuer [in the case of Notes issued by Finance: or the Guarantor] announces its inabilityto meet its financial obligations or ceases its payments, ora court opens insolvency proceedings against the Issuer [in the case of Notes issued byFinance: or the Guarantor], or the Issuer [in the case of Notes issued by Finance: or theGuarantor] applies for or institutes such proceedings or offers or makes an arrangement forthe benefit of its creditors generally, or [in the case of Notes issued by Finance: the Issuerapplies for a "surseance van betaling" (within the meaning of the Statute of Bankruptcy of TheNetherlands), or]144

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